Hong Kong Protest Prosecutions Under National Security Law
1. Tong Ying-kit (First Conviction under NSL)
Background: Tong was arrested on 1 July 2020, the day after the NSL took effect. He rode a motorcycle displaying a protest flag with the slogan “Liberate Hong Kong, Revolution of Our Times” and drove toward police barricades.
Charges: Tong was charged with secession and terrorist activities under the NSL.
Court Findings: The court determined that the slogan could be interpreted as promoting secession from China. Additionally, driving into police barricades was considered an act intended to cause serious danger to public safety, constituting terrorism.
Outcome: Tong was sentenced to 9 years in prison. This was the first high-profile application of the NSL, setting a precedent for interpreting political speech as a national security threat.
2. The “Hong Kong 47” (Subversion Case)
Background: In 2020, a group of pro-democracy activists organized an unofficial primary election to select Legislative Council candidates. The authorities argued that this was part of a plan to paralyze government operations and force political change.
Charges: 47 individuals were charged with conspiracy to commit subversion under the NSL.
Trial Details: 31 pleaded guilty, 16 contested the charges. The trial was conducted without a jury, before a panel of designated judges.
Outcome: Of the 16 who contested, 14 were convicted and 2 were acquitted. Sentences for those convicted were substantial, some potentially decades long.
Legal Significance: The case demonstrated that even nonviolent political strategy, like organizing primaries, can be criminalized under the NSL.
3. Joshua Wong (Pro-Democracy Activist)
Background: A prominent activist, Joshua Wong had been active in earlier movements, including the Umbrella Movement and 2019 protests.
NSL Charges: He was among the “Hong Kong 47” and pled guilty to subversion. He was later charged separately with collusion with foreign forces, allegedly for lobbying foreign governments for sanctions against Hong Kong authorities.
Legal Issues: The NSL allows prosecution for contacting foreign actors if it is deemed a threat to national security. His repeated targeting illustrates the NSL’s ongoing use to suppress political leadership.
Outcome: He has received prison sentences for subversion and is facing potential additional punishment for the collusion charge.
4. Jimmy Lai (Media Tycoon)
Background: Founder of Apple Daily, Jimmy Lai was a leading pro-democracy media figure. His newspaper had been critical of the Hong Kong government and Beijing.
NSL Charges: He faced collusion with foreign forces and related charges, linked to organizing advocacy abroad and political lobbying.
Trial Features: Tried before designated NSL judges without a jury. His case raised concerns about press freedom and whether lawful media activity could be criminalized.
Outcome: Lai remains in detention, with the potential for long-term imprisonment. His case is symbolic of the NSL’s impact on independent journalism.
5. Chow Hang-tung (Human Rights Lawyer & Activist)
Background: Chow is a lawyer and key organizer of the annual Tiananmen vigil in Hong Kong. After the NSL, authorities banned the vigil and arrested her.
NSL Charges: She was charged with incitement to subversion for her involvement in organizing gatherings seen as opposing the government.
Legal Reasoning: The NSL defines any act intended to seriously interfere with government functions or public order as subversion.
Outcome: Chow received imprisonment, demonstrating that even commemorative events can trigger NSL prosecution.
6. Leung Kwok-hung (“Long Hair”)
Background: Veteran pro-democracy legislator and activist, involved in multiple protest movements.
NSL Charges: While not one of the “Hong Kong 47,” Leung has faced charges under the NSL related to organizing or participating in political actions perceived as subversive.
Court Findings: Authorities argued that public advocacy and street protests could undermine national security.
Outcome: Leung has been fined and sentenced to jail in multiple instances, highlighting the NSL’s reach into longstanding political figures.
7. Lo Kin-man (Student Activist)
Background: Lo Kin-man was active during the 2019 protests and was involved in student organizations promoting political participation.
NSL Charges: He was charged with subversion for allegedly promoting a strategy to veto government legislation and disrupt governance.
Legal Issues: The case focused on whether planning peaceful legislative tactics constituted a threat to national security.
Outcome: Lo was convicted, reinforcing that even strategic political actions can be considered criminal under the NSL.
Key Patterns Across Cases
Broad Interpretation of Subversion and Secession: Peaceful speech, protest slogans, and political strategy have been criminalized.
No Jury Trials: All NSL cases are tried by panels of designated judges, reducing traditional safeguards.
Severe Sentencing: Prison terms often range from several years to potentially life imprisonment.
Targeting of Political Leaders & Activists: Both public figures and organizers of protests, commemorations, or political primaries have been prosecuted.
Chilling Effect: The NSL discourages not only protests but also political organization, journalism, and online expression.
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